Lim Kit Siang

AG must go if MACC trio not charged, says DAP

By Shazwan Mustafa Kamal | July 27, 2011
The Malaysian Insider

KUALA LUMPUR, July 27 — DAP has given Tan Sri Abdul Gani Patail an ultimatum: Either prosecute the three Malaysian Anti-Corruption Commission (MACC) officers linked with Teoh Beng Hock’s death or resign as Attorney-General.

MACC announced on Saturday the temporary suspension of the three officers named in the Royal Commission of Inquiry (RCI) report — former Selangor MACC deputy director Hishammuddin Hashim and enforcement officers Arman Alies and Mohd Ashraf Mohd Yunus — pending the outcome of an internal probe.

The commission also said yesterday that it will only probe the three officers, and has remained silent on extending investigations to other officers in connection to this case.

Last night, DAP national legal bureau chairman Gobind Singh Deo said that there were legal avenues through which Abdul Gani could prosecute the three MACC officers, citing Section 304A of the Penal Code for culpable homicide as an example.

“The AG is the only one who can prosecute, and he must inspire confidence by taking action when the RCI comes up with suggestions.

“If he cannot take action, then he must explain why action cannot be taken, and if he cannot explain why action cannot be taken he must resign!” said Gobind to loud applause from the 450-odd attendees at public forum here last night.

The Puchong MP, who is also lawyer for the late Teoh’s family, said that Abdul Gani had “no reason” not to prosecute the three MACC officers, saying that he would gladly “point out” the legal provisions under which they could be charged under.

He also said that he was preparing for a possibility of a judicial review over the RCI report.

“We did not fight for two years for you to say that no action can be taken against those responsible for Teoh’s death,” added Gobind.

DAP parliamentary leader Lim Kit Siang, who was also present, demanded the police reopen the investigations into Teoh’s death following the contents of the RCI report.

“There has to be a reopening of investigations,” the DAP veteran politician said.

The RCI’s report had ruled that Teoh committed suicide as a result of “aggressive, relentless, oppressive and unscrupulous interrogation” by MACC officers, particularly the trio.

The officers, described in the RCI report as “Arman the bully, Ashraf the abuser and HH the arrogant leader”, had wanted to pressure Teoh into becoming a witness in their case against his boss, Seri Kembangan assemblyman Ean Yong Hian Wah, for alleged abuse of public funds.

Teoh, a DAP political aide was found dead on July 16, 2009 on the fifth-floor corridor of Plaza Masalam in Shah Alam after he was questioned overnight by MACC officers at their then-Selangor headquarters on the 14th floor.

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